Deadline for complaints consideration

(1) During the electoral period, the competent authorities shall examine the complaints within 3 days of submission, but no later than the Elections Day. When considering the electoral complaints, the Courts shall apply the same time limit, including in appeal proceedings.

(2) By derogation from paragraph (1), the consideration period of time shall not exceed:

a) the deadline established for registration, accreditation or confirmation of the electoral subjects by the electoral bodies;

b) the period of 3 days before the Elections Day, for requests of registration cancellation, accreditation or confirmation of electoral subjects or, where applicable, is simultaneously with the tabulation of voting results and confirmation of the election results;

c) or is simultaneously with the examination of the elections results, in the event of complaints on financing of the electoral campaigns of electoral competitors and of other electoral subjects.

(3) Consideration of complaints on financing of the activity of political parties shall not be subject to the prescription periods laid down in this chapter. When considering complaints concerning the financing of the activities of political parties, shall be applied the rules of this Code and of Law No 294/2007 on political parties, as well as the provisions of the Regulation on the financing of the activities of political parties, approved by the Central Electoral Commission.

(4) Complaints submitted on the Elections Day shall be considered on the same day, with the exceptions laid down in this Chapter and those submitted after the end of voting shall be examined simultaneously with the tabulation and confirmation of voting results, including the validation of the elected candidates mandates.

(5) Requests for votes recounting, submitted in the event of disagreement with the preliminary voting results shall be examined within 3 days of the date of submission. If recounting is being ordered, the procedure shall be organised within 5 days, in accordance with the conditions laid down by the Central Electoral Commission.

(6) Complaints submitted between the two rounds of elections shall be examined within 3 days of the submission or, as the case may be, simultaneously with the establishing and confirmation of elections results and validation of the mandates of candidates elected in the second round of elections.

(7) When considering complaints and disputes, the competent authorities and Courts shall give priority to those related to registration, accreditation or confirmation of electoral subjects, and to those related to refuse or cancellation of their registration, accreditation or confirmation, including those concerning the correctness of Voters’ Lists compilation and exercising the right to vote.

(8) The District Electoral Councils, where appropriate, the Constitutional Court confirms the results of the elections, validates the mandates of elected candidates and confirms the lists of alternate candidates, only after the final resolution of complaints.

(9) For justified reasons related to the complexity of the object of the appeal and/or the conduct of the subjects submitting the complaint, the general time-limit may be extended by a maximum of 2 days. That extension shall be applied only if it is communicated, together with the reasons for the extension, to the participants in the litigation in written form, including by email, at the latest on the final day of the expiry of the initial established examination period.